MOMENTIVE PERFORMANCE MATERIALS USA, INC. v. ASTROCOSMOS METALLURGICAL, INC.

No. 1:07-CV-567 (FJS/DRH).

659 F.Supp.2d 332 (2009)

MOMENTIVE PERFORMANCE MATERIALS USA, INC., Plaintiff, v. ASTROCOSMOS METALLURGICAL, INC.; Carbone Lorraine Equipements Genie Chimique; and ABC Corporation(s) 1 through 10, Defendants.

United States District Court, N.D. New York.

September 23, 2009.


Attorney(s) appearing for the Case

Podvey Meanor, Catenacci, Hildner, Cocoziello & Chattman, Robert J. McGuire, Esq., J. Barry Cocoziello, Esq., Anthony M. Rainone, Esq., of Counsel, Newark, NJ, for Plaintiff.

Riker, Danzig, Scherer, Hyland & Perretti LLP, Harold L. Kofman, Esq., of Counsel, Morristown, NJ, for Defendant AstroCosmos Metallurgical, Inc.


MEMORANDUM-DECISION AND ORDER

SCULLIN, Senior District Judge.

I. INTRODUCTION

Currently before the Court is Defendant AstroCosmos Metallurgical Inc.'s ("AstroCosmos") motion to dismiss Plaintiff's amended complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.1 The Court heard oral argument in support of, and in opposition to, this motion on August 13, 2009, and reserved decision. The following...

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